Hospital Hato Tejas

HOSPITAL HATO TEJAS 155 units with technicians, teletype operators, and clerical employees " We particularly note our decision in American Cable c Radio Corpo- ration,12 involving a competitor of the Employer, in which the Board directed an election in a unit of "live traffic" employees including both coastal operators and MRI technicians. The term "live traffic" was defined as "those who are engaged in the transmission, reception, handling, and delivery of messages and those who maintain and serv- ice equipment used in those operations." 13 The Board has also set up "live traffic" units in the field of land, as distinguished from marine, communications.14 In the land communications field, "live traffic" em- ployees were also similarly defined as "those workers who handle mes- sages from the time they are received by the Company until delivered, and those workers who repair and maintain the equipment." 15 On the basis of the foregoing and upon the entire record, we believe and find that the broader unit including employees at both the coastal station and the MRI service depots is the appropriate unit and that units limited to radio operators and teletype operators at the coastal stations are inappropriate. Accordingly, we shall dismiss both petitions herein. [The Board dismissed the petitions.] 11 Globe Wireless, Ltd., 101 NLRB 1043; Tropical Radio Telegraph Company, 63 NLRB 1115. In these cases, the employers operated no MRI service depots as such. 'a 101 NLRB 1759. 13 101 NLRB 1759, at 1762 . At page 1763, "non-live" traffic which was excluded from the unit was defined as "those engaged in administrative functions such as bookkeepers, accountants , stenographers , typists , and solicitors." 15R. C. A. Communications , Inc, 2 NLRB 1109, 1115 ; 9 NLRB 915, 920, 921. In 2 NLRB 1109 , at 1114, the Board stated : "In the radio communications industry `live traffic' employees have been regarded as a unit by two of the Company's competitors, the Mackay Radio and Telegraph Company and the Globe Wireless Company " 16 2 NLRB 1109 at 1112. See also Alaska Salmon Industry, Inc., 78 NLRB 522, where an election was directed in a unit of all licensed radio officers who operate and maintain radio-telegraphic equipment or radio-telephone equipment at cannery shore stations in Alaska. HOSPITAL HATO TEJAS, INC., D/B/A HOSPITAL HATO TEJAS ' and UNITED PACKINGHOUSE WORKERS OF AMERICA, CIO. Case No. 04-- RC-746. January 6,1955 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before John F. Burst, hearing offi- cer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board finds : 1. The Employer is a Puerto Rican corporation operating a hos- pital for profit at Hato Tejas, Puerto Rico. During the year 1953, ' The name of the Employer appears herein as corrected at the hearing. 111 NLRB No. 9. 156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the gross business of the Employer totaled approximately $431,000, 98 percent of which was realized from the treatment of veterans pur- suant to a contract with the United States Veterans' Administration. During the same period, the Employer's total purchases of materials and supplies amounted to $106,800, of which less than 43 percent was shipped directly to the Employer from the United States. The bal- ance of purchases were made locally in Puerto Rico. We find that the Employer's operations, by reason of the Employ- er's contract with the United States Veterans' Administration, are directly related to the national defense and that, accordingly, it will effectuate the policies of the Act to assert jurisdiction herein.2 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.' 4. The parties agree, and we find, that all hospital attendants, orderlies, and cleanup and kitchen personnel employed at the Em- ployer's hospital at Hato Tejas, Puerto Rico, excluding all mainte- nance employees, office clerical employees, guards, watchmen , execu- tive and administrative employees, professional employees, nurses, and all supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication.] 2 Maytag Aircraft Corp., 110 NLRB 594. Member Murdock concurs in the assertion of jurisdiction over the Employer How. ever, as he believes the Board is bound to exercise plenary jurisdiction with respect to labor relations in the Territories, he sees no need to consider the relationship of the Em- ployer's operations to the national defense as the basis for the decision that it will effectuate the policies of the Act to assert jurisdiction herein. 3 The Employer and the Intervenor would assert as a bar to this proceeding a current contract between the Employer and the Intervenor's local Inasmuch as the automatic renewal date of the agreement has passed and the original term of the contract will ex- pire on January 1, 1955, we do not find the contract to be a bar. MISSOURI TRANSIT COMPANY, INC. and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS , WAREHOUSEMEN & HELPERS OF AMER- ICA, GENERAL TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND HELPERS, LOCAL No. 864, AFL, PETITIONER. Case No. 17-RC-1877. January 6, 1955 Decision and Direction of Election Upon a petition duly,filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before William J. Scott, hearing 111 NLRB No. 7.